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The Legislative Assembly Amendment Act

S.M. 1988-89, c. 32

Bill 55, 1st Session, 34th Legislature

The Legislative Assembly Amendment Act

(Assented to December 20, 1988)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L110

1           The Legislative Assembly Act is amended in the manner set out in this Act.

Subsections 54(2.1) and 2.2 added

2(1)        The following is added after subsection 54(2):

Limit on days

54(2.1)     Payments pursuant to subsection (2) shall cease immediately following the earlier of:

a) the last sitting day; and

b) the 90th sitting day;

of any Session of the Legislature, and shall not be resumed until the first sitting day following a period of adjournment of 30 or more continuous days.

Additional payment

54(2.2)     Every member who:

(a) represents an electoral division that is wholly outside the City of Winnipeg; and

(b) maintains both a residence in the electoral division and a residence in the City of Winnipeg;

is entitled to a living allowance of $35.50 per day for five days in each week during any period in which he is not entitled to a payment under subsection (2).

Subsection 54(3) rep. and sub.

2(2)        Subsection 54(3) is repealed and the following is substituted:

Scope of entitlement

54(3)       The entitlement to an allowance under subsection (1), (2) or (2.2) is in addition to the amounts allowed and payable under any other provision of this Act, but no member who is entitled to a payment under subsection (2) or (2.2) is entitled to a payment under subsection (1).

Subsection 54(4) amended

2(3)        Subsection 54(4) is amended by striking out "during the session".

Section 55.1 added

3           The following is added after section 55:

Payment on ceasing to be a member

55.1(1)     Every member who ceases for any reason to be a member, other than pursuant to section 18 or 20, is entitled to a one-time payment calculated at a rate of one month's pay for each year that he or she has served as a member, which payment shall be calculated with respect to a period of not less than three months and not more than 12 months.

Definition "pay"

55.1(2)     For the purposes of subsection (1), "pay" means the annual indemnity and allowance described in subsection 53(1).

Section 58.1 added

4           The following is added after section 58:

Car allowance

58.1(1)     Every member, other than a member of the Executive Council and the Leader of the Official Opposition, is entitled to a car allowance of $300 per month.

Additional allowance

58.1(2)     Every member who represents an electoral division that is wholly outside the City of Winnipeg is entitled to a car allowance, in addition to the amount specified in subsection (1), calculated at a rate of 110 per kilometre for every kilometre that the member travels by private automobile in carrying out his or her duties as a member, but in no event shall a payment pursuant to this subsection exceed,

(a) in the case of a member who represents an electoral division that is more than 350 kilometres from the City of Winnipeg, $4,000 in any year; and

(b) in the case of a member who represents an electoral division that is wholly outside the City of Winnipeg, other than a member mentioned in clause (a), $3,000 in any year.

Basis of expenses

58.1(3)     The additional allowance payable under subsection (2) shall be paid on the basis of accounts submitted by the member to the Clerk of the House and approved by the Speaker.

Subsection 59(1) amended

5           Subsection 59(1) is amended by striking out "$9,899" and substituting "$25,000".

Section 59.1 added

6           The following is added after section 59:

Allowances pro-rated

59.1        Where a member is a member for only part of a fiscal year, he or she is entitled to the pro rata portion of the amounts payable to a member pursuant to subsection 58.1(1) and section 59 for that part only of the fiscal year.

Subsection 68(1) amended

7           Subsection 68(1) is amended by striking out "subsection 54(1) or (2)," and substituting the following:

"subsection 54(1), (2) or (2.2), the car allowance allowed and payable to a member under section 58.1,".

Transitional

8           Amounts payable to members in the 1988-89 fiscal year as a result of the operation of this Act shall be pro rated from the day on which the provision pursuant to which the payment is made comes into force.

Coming into force

9(1)        Subject to subsection (2), this Act comes into force on the day it receives the royal assent.

Section 2, December 23, 1988

9(2)        Section 2 of this Act comes into force on December 23, 1988.